Independent legal advice on occupier consent and deeds of consent
If you live in a property that is being mortgaged but you are not the borrower, the lender will usually ask you to sign a consent postponing any rights you have. You are entitled to understand what that means before you sign.
From £195 · one occupier advised
When this is useful
Situations this service is for
- You are an adult living in a property that is being remortgaged or used as security.
- You are a parent, adult child or partner of the borrower and are not on the title.
- You have contributed money to the property but are not a registered owner.
- A lender has sent a deed of consent, occupier waiver or letter of postponement for signature.
What we do
The work itself
- Explain what rights you may have in the property, and what the consent does to them.
- Explain the effect of postponing those rights behind the lender's security.
- Set out what could happen to your occupation if the borrower does not keep up payments.
- Confirm whether the document asks you to give up anything beyond postponement.
- Complete the lender's certificate where the requirements are satisfied.
Before you book
What to send us
- 01The deed of consent, waiver or occupier form.
- 02The lender's instructions or certificate template.
- 03The property address and the name of the borrower.
- 04Whether you contributed to the purchase price, deposit or mortgage payments.
- 05The completion date.
What happens
How the work runs
- 01
A meeting without the borrower
This matters more here than almost anywhere else. The appointment is with you alone, so that the consent is given freely and the advice is genuinely yours.
- 02
Your position, first
Before the document, we establish what interest you may have in the property, because that is what the consent affects.
- 03
The document, explained
We explain what you are postponing, to whom, and for how long.
- 04
The practical consequence
We are direct about what possession proceedings would mean for you, so the decision is an informed one.
- 05
Signature and certification
If you choose to sign, we complete the certificate the lender requires, where we are able to do so.
What you receive
Deliverables
- A private appointment, without the borrower present.
- An explanation of the rights affected and the effect of postponing them.
- The completed certificate of independent legal advice, where we are able to give it.
Fee
From £195
This price assumes
- One occupier advised
- Standard lender or conveyancer requirements
Included
- Review of the document and any lender or transaction-solicitor requirements
- A private appointment with the solicitor advising you
- Explanation of the legal effect, the obligations and the material risks
- Completion of the certificate where the requirements are satisfied
Not included
- Negotiating the terms of the underlying transaction
- Advice to any other party to the document
- Advice on tax consequences
Prices are indicative minimums for matters within the assumptions shown. We review the document and confirm a fixed fee in writing before any work begins. No legal advice is given during the free initial assessment.
All fees and what changes themQuestions
Common questions
- Do I have to sign?
- No. You are being asked to consent, and consent can be withheld. We can explain what withholding it is likely to mean for the transaction so you can decide.
- Can I attend with the borrower?
- Not for the advice itself. The whole purpose is that you receive advice free of any pressure, and lenders expect the meeting to be held with you alone.
- I have contributed to the property. Does the consent give that up?
- Usually it postpones your interest behind the lender's charge rather than extinguishing it, but the wording varies. That is exactly the kind of thing the appointment is for.
Send us the document and we will confirm whether we can assist.
You will get a straight answer on scope, fee and timing before any work begins.
Enquiries receive a response within one working day.